Renowned Nigerian human rights lawyer, Femi Falana, Senior Advocate of Nigeria (SAN), has vowed to challenge what he describes as the “malicious” detention and prosecution he faced alongside the late Chief Gani Fawehinmi (SAN) and three others during the military regime of General Ibrahim Babangida (retd.). The prominent lawyer revealed that this persecution was a direct result of their opposition to the annulment of the June 12, 1993 presidential election, which was won by the late business mogul and pro-democracy activist, Chief Moshood Kashimawo Olawale (MKO) Abiola.
Falana spoke on Channels TV on Tuesday, recalling how he and his colleagues had been unjustly arrested, detained, and charged with treasonable felony by the Babangida-led military government. Now, more than 30 years later, Falana is taking legal action to seek redress, as he considers the case of his detention and prosecution to have been a deliberate and wrongful attack on his rights and the cause for democracy.
The events of June 12, 1993, remain a defining moment in Nigeria’s democratic journey. The presidential election, considered one of the freest and fairest in the country’s history, was annulled by General Ibrahim Babangida, sparking widespread protests and a national outcry. MKO Abiola, a prominent businessman, won the election by a significant margin, but Babangida’s military regime nullified the results, citing alleged irregularities and the need for a transition programme. This decision led to a series of protests from Nigerians, including civil society groups, human rights activists, and prominent figures like Falana and Gani Fawehinmi, who demanded the restoration of Abiola’s mandate.
As one of the key voices opposing the annulment, Falana was arrested and detained. He and his colleagues were accused of attempting to overthrow the government, despite their peaceful protests against the annulment. They were charged with treasonable felony and faced a trial under the military regime, which had little regard for the rule of law.
Speaking about the traumatic events that occurred over three decades ago, Falana described his detention as malicious and politically motivated. He recalled that the charges brought against him and his colleagues had no basis and were intended to intimidate them into silence. Falana said that, at the time, he and the late Gani Fawehinmi had no access to legal representation, forcing them to defend themselves in court.
“When we were taken to court, we had no lawyer, so we defended ourselves,” Falana recalled. “We turned our arraignment into a trial of the military junta because it was them who had overthrown a democratically elected government in 1983. It was General Babangida and his government that should have been standing trial, not us.”
Falana further explained how, during the trial, he and Fawehinmi confronted the court with their arguments, questioning the legitimacy of the military government’s actions. He recalled that Fawehinmi told the presiding Chief Magistrate, Mallam Bulama, that those who had overthrown the government and annulled the election were the true criminals and should be the ones facing trial.
Falana also lamented the long-term impact of Babangida’s actions on Nigeria’s democracy. He pointed out that the annulment of the 1993 election, followed by the unjust prosecution of those who opposed it, had serious consequences for the country’s democratic development.
“General Babangida’s regime set Nigeria’s democracy back,” Falana said. “The annulment of the June 12 election destroyed any hope of peaceful political transition, and the detention of activists like myself and Gani Fawehinmi was meant to silence the voices that were calling for justice.”
Now, 32 years later, Babangida has publicly admitted that the annulment of the election was a mistake. In recent interviews, the former military ruler expressed regret for his actions, acknowledging that Abiola had won the election and that the transition process should not have been delayed.
Falana sees this admission as a crucial development, one that strengthens his case for redress. “Babangida has now admitted that there was no basis for our prosecution,” Falana said. “He has said Abiola won the election, and that was the basis of our protests. Now, he is saying the transition programme should not have been postponed. This is a clear indication that the charges against us were malicious and baseless.”
Falana made it clear that he is now committed to seeking justice for the wrongs he and his colleagues suffered during the military regime. He has assembled a team of legal experts to challenge the prosecution and seek redress for the violations of his human rights.
“I have assembled a team of lawyers, and we are looking into it. I’m going to challenge the malicious prosecution against me and my colleagues,” Falana said. “Babangida’s public admission that our prosecution was unjust has breathed new life into this case. We are now in a position to seek justice for the wrongs done to us.”
The lawyer highlighted that his detention and the violation of his rights were clear infringements of his personal freedoms. He pointed out that during his time in detention at Kuje Prison, his right to liberty, freedom of movement, and the right to participate in the democratic process were all violated. Falana referred to Article 13 of the African Charter on Human Rights, which guarantees individuals the right to choose their government and participate in the political process.
Falana also referenced the evolution of legal principles in African human rights law. He noted a court ruling in Abuja that reinforced the idea that human rights violations, even after a certain period, should not be subject to statutes of limitation. This ruling strengthens his case, as it underscores the importance of holding those responsible for human rights abuses accountable, regardless of when they occurred.
“The court has now concluded that serious human rights abuses should not be bound by time limits,” Falana said. “This case is not just about me or my colleagues; it’s about ensuring that the rights of Nigerians are protected, and that those who abuse power are held accountable.”
Falana’s legal battle represents more than just a fight for personal justice; it is part of a broader effort to seek accountability for the injustices committed during Nigeria’s military era. As one of the leading voices in the country’s human rights community, Falana is determined to hold the military regime accountable for its actions, both for his own sake and for the sake of future generations.
“This is not just about me,” Falana said. “It’s about ensuring that future generations of Nigerians are able to live in a country where their rights are respected, and where those who abuse power are held to account.”
